This colored writing throughout this document is aimed at providing you with a plain English summary of our Platform Terms of Use. Please make sure you also read the regular text around it, as the plain English summary is just a summary and doesn't capture all of the Terms of Use.
Thank you for using the HealthMatch clinical trial matching platform (the HM Platform). The HM Platform is operated by HealthMatch United States Inc., except that for users located in Australia it is operated by HealthMatch Pty Ltd (ABN 77 618 446 905). The applicable entity is referred to throughout as HealthMatch, we, us, or our. These Platform Terms of Use (Terms) govern your access to and use of the HM Platform and related services, and incorporate our Privacy Notice (available at https://healthmatch.io/privacy) by reference.
Thanks for using our Platform. Your use of our clinical trial matching service is subject to these Terms, including our Privacy Notice.
Please read these Terms carefully. By accepting them in accordance with clause 3.1, you enter into a binding agreement with HealthMatch.
These Terms include arbitration and class action waiver provisions — see clause 20. Some jurisdictions prohibit mandatory arbitration or class action waivers, in which case those provisions do not apply to you.
This is a contract. Read it carefully.
2.1 To the maximum extent permitted by applicable law:
(a) the HM Platform does not provide an exhaustive list of clinical trials relevant to you, and HealthMatch makes no representations or warranties as to the completeness of any trial listing or match;
We don't guarantee we have every trial or that you'll be matched with every relevant one.
(b) the HM Platform and all content available through it (HM Platform Content) do not constitute medical advice, diagnosis or treatment recommendations, and should not be relied upon as a substitute for professional medical advice;
The information available on our Platform isn't medical advice. Always speak with your doctor before joining a clinical trial.
(c) YOUR USE OF THE HM PLATFORM IS SOLELY AT YOUR OWN RISK. NOTHING ON THE HM PLATFORM CONSTITUTES THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. WE DO NOT ENDORSE ANY SPECIFIC TESTS, STUDIES, PROTOCOLS, TREATMENTS, PHYSICIANS, PROCEDURES, PRODUCTS OR OTHER INFORMATION ON THE HM PLATFORM;
(d) reliance on any information provided through the HM Platform is at your own risk. HealthMatch has no control over the availability of any clinical trial at any time and is not liable for cancelled trials or your inability to participate. Studies displayed may not be approved by a relevant institutional review board, may be cancelled, or may not be enrolling; and
(e) HealthMatch makes no representations or warranties regarding any treatment or medication in connection with a clinical trial. HealthMatch is not liable for any damages arising from your participation in a trial.
We match you with trials — we don't run them. We're not responsible for any loss arising from your participation in a trial, to the extent the law allows.
By clicking 'I agree' or by accessing or using the HM Platform, you agree to be bound by these Terms. If you do not agree, you must not access or use the HM Platform. We recommend saving a copy of these Terms for your records.
HealthMatch may update these Terms from time to time by posting a revised version at this URL. We will provide reasonable notice of material changes where practicable. Your continued use of the HM Platform following any update indicates your acceptance of the revised Terms. If you do not agree to a change, you may terminate by notifying us.
You may access and use the HM Platform only as permitted by these Terms.
To use the HM Platform you must: (a) have reached the legal age of majority in your jurisdiction; (b) have the legal capacity to enter into a binding agreement; (c) agree to use the HM Platform in accordance with these Terms; and (d) be a registered User.
By using the Platform you're entering a contract with us. We may update these terms, so you should make sure you check them regularly. You must be an adult and legally capable of contracting.
HealthMatch grants you a non-exclusive, non-transferable, non-sublicensable licence to access and use the HM Platform and HM Platform Content for your personal, non-commercial purposes only.
Any use beyond the scope of this licence — including any commercial use — requires HealthMatch's prior written consent and may require a separate agreement.
All rights not expressly granted are reserved by HealthMatch.
You can use our Platform for personal purposes only. All other rights are ours.
You're bound from the moment you agree or start using the Platform. Either party can end this agreement. We can suspend or terminate if you breach these Terms.
These Terms commence when you agree to them and continue until terminated under this clause (Term).
You may terminate at any time by emailing hello@healthmatch.io.
HealthMatch may terminate by giving 30 days' written notice to the email address linked to your account.
HealthMatch may suspend or terminate your access immediately (or on such notice as is practicable) if: (a) you breach a material term of these Terms; (b) you demonstrate an intention not to comply; (c) applicable law requires termination; or (d) HealthMatch or a relevant supplier decides to discontinue all or part of the HM Platform on commercial grounds.
On termination, you must cease all use of the HM Platform. HealthMatch reserves the right to delete your account and associated data in accordance with our Privacy Notice.
Clauses 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24 and 25 survive termination.
The Platform is for your personal, non-commercial use only.
You must not modify, copy, distribute, transmit, reproduce, publish, license, exploit, create derivative works from, transfer, or sell any HM Platform Content. You must comply with all applicable laws in your use of the HM Platform.
Don't upload anything offensive, unlawful or harmful. Don't upload someone else's personal information without their consent.
You must not (and must not permit others to):
(a) access or use the HM Platform except as permitted by these Terms;
(b) copy or replicate any part of the HM Platform or HM Platform Content;
(c) remove any proprietary notices from the HM Platform or HM Platform Content;
(d) circumvent any access controls or security mechanisms;
(e) reverse engineer, decompile or derive source code from the HM Platform, except as permitted by law;
(f) interfere with the operation or security of the HM Platform;
(g) attempt unauthorised access to any part of the HM Platform or its infrastructure;
(h) conduct denial-of-service attacks;
(i) use the HM Platform to access blocked services unlawfully;
(j) sublicense, rent or lease the HM Platform;
(k) publicly disclose performance information about the HM Platform; or
(l) use data mining or extraction tools without HealthMatch's prior written consent.
You're responsible for what you upload. We can remove it.
You must not use the HM Platform to post or transmit content that: infringes third-party rights; is unlawful, offensive, defamatory, fraudulent or deceptive; impersonates any person or entity; includes another person's personal information without consent; contains malware or disruptive code; violates applicable law; or exploits or harms minors.
You are solely responsible for content you submit to the HM Platform. HealthMatch may remove any content at its reasonable discretion.
We can temporarily suspend your account if we reasonably suspect misuse.
HealthMatch may suspend your access if you engage in, or HealthMatch in good faith suspects you have engaged in, unauthorised conduct. We will attempt to notify you. Access will be reinstated once the issue is resolved to HealthMatch's reasonable satisfaction. Repeated suspensions may be treated as a material breach.
You are responsible for all equipment, connectivity and costs required to access the HM Platform.
You must ensure all information you provide to HealthMatch is accurate, current and complete, and you must keep it updated.
Research Partners — including trial sites, sponsors, and CROs — may pay us at various points in the trial participation process, such as when you apply, schedule an appointment, or progress further in a trial.
You acknowledge that HealthMatch may receive payments from Research Partners in connection with your use of the HM Platform and participation in the trial process.
Information on the Platform is general only. Don't rely on it without checking it's right for you.
All information on the HM Platform is for general purposes only. HealthMatch does not verify or guarantee its accuracy, completeness or suitability for your circumstances. Reliance is at your own risk.
Before acting on any information, consider whether it is appropriate for your situation, conduct your own research, and seek professional advice where appropriate.
We own the Platform and its content. Feedback you give us becomes ours. We can use anonymised & aggregated usage data commercially.
HealthMatch owns or licenses all rights, title and interest in the HM Platform and HM Platform Content, including any improvements incorporating your Feedback.
Your use of the HM Platform does not transfer any intellectual property rights to you. You receive only the licence set out in clause 4.
You assign to HealthMatch all rights in any Feedback immediately on creation. To the extent any rights cannot be assigned, you grant HealthMatch an exclusive, irrevocable, royalty-free, worldwide, sublicensable licence to use them fully.
HealthMatch may use, distribute and commercially exploit anonymous, aggregated usage data derived from your use of the HM Platform.
Keep your login details secure. You're responsible for all activity on your account.
You will create login credentials when registering as a User.
You must keep your credentials secure and must not share them. You are responsible for all activity under your account. Notify HealthMatch immediately of any unauthorised access or security breach. HealthMatch is not liable for loss arising from your failure to maintain credential security.
Read our Privacy Notice — it explains how we handle your personal information, including your health data.
HealthMatch collects personal information, including sensitive health information, as described in our Privacy Notice available at https://healthmatch.io/privacy. Where applicable law requires specific consent before we collect or share particular categories of information — including sensitive health data — that consent will be sought separately at the relevant point.
You acknowledge that HealthMatch may collect sensitive health information to match you with clinical trials and to generate anonymised data for health-related research and advocacy, as described in our Privacy Notice.
HealthMatch may remove content you upload if it is erroneous, no longer relevant to trial eligibility assessment, or for any other reason in our reasonable discretion.
You acknowledge that HealthMatch may make relevant products and services available to you through the HM Platform and may use your personal information for this purpose as described in our Privacy Notice.
The HM Platform may link to third-party websites. HealthMatch is not responsible for the privacy practices or content of those sites. Their privacy notices may differ from ours — please review them before use.
Our Privacy Notice explains how we store and use your information, how you may access and correct it, and how to raise a complaint. Contact us at: HealthMatch Attention: Privacy Officer — privacy@healthmatch.io
Questions about your privacy? Get in touch.
HealthMatch may disclose User Data to Research Partners during the Term in accordance with our Privacy Notice.
Once User Data is disclosed to Research Partners, HealthMatch has no control over it. Any request to access, correct or delete that data under applicable privacy law — including CCPA/CPRA, applicable US state privacy laws, the Australian Privacy Act, Canada's PIPEDA, Brazil's LGPD, or any other applicable law — should be directed to the Research Partners.
Once we share your information with a Research Partner with your consent, you'll need to contact them directly about it.
Don't use or share our confidential information.
You must not disclose or use HealthMatch's Confidential Information for any purpose other than as permitted by these Terms.
Disclosure is permitted only: to HealthMatch; in legal proceedings relating to these Terms; as required by law or court order; as permitted by these Terms; to your legal advisers and insurers; or with HealthMatch's prior written consent.
Unauthorised disclosure of Confidential Information may cause irreparable harm. HealthMatch is entitled to seek immediate injunctive relief without the need to demonstrate actual monetary damage.
We might update the Platform. These Terms apply to updates and new features.
HealthMatch may (but is not required to) provide updates, improvements or new features for the HM Platform from time to time.
We're not responsible for third-party content you encounter through the Platform, or for the conduct of other users.
Third-party content (including links to third-party websites) accessible via the HM Platform is outside HealthMatch's control. HealthMatch is not liable for any loss arising from reliance on such content. HealthMatch does not have control over users of the HM Platform and is not liable for their opinions or behaviour, including any information or advice provided, or any defamatory or offensive conduct by other users.
Consumer rights. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under applicable consumer protection law that cannot lawfully be excluded, restricted or modified, including the Australian Consumer Law, US federal and state consumer protection laws, and equivalent laws in other jurisdictions.
Subject to clause 15.1, to the maximum extent permitted by law:
(a) the HM Platform and HM Platform Content are provided 'as is' without warranty of any kind, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted availability;
We make the Platform available as-is. Use it carefully.
(b) HealthMatch is not liable for any loss arising from: your use of the HM Platform or HM Platform Content; unavailability of the HM Platform; inaccurate or incomplete content; loss or corruption of data; or incompatibility with other systems;
(c) HealthMatch is not liable for delays, interruptions or failures outside its reasonable control; and
(d) HealthMatch is not liable for third-party content accessible through the HM Platform.
HealthMatch implements reasonable security measures but cannot guarantee that data transmitted over third-party networks will be secure. HealthMatch is not liable for loss, corruption or interception of data across networks it does not control.
HealthMatch will use commercially reasonable efforts to keep the HM Platform available, subject to scheduled and emergency maintenance.
HealthMatch may invite you to trial non-generally-available services (Non-GA Services) at no charge. These are provided for evaluation only, may contain bugs, are unsupported, and are not part of the HM Platform. HealthMatch makes no warranties for Non-GA Services and may discontinue them at any time.
HealthMatch does not guarantee any specific results from use of the HM Platform.
You will indemnify HealthMatch and its personnel against all Loss arising from: (a) any claim that your data or content infringes a third party's rights; (b) personal information you disclose in connection with these Terms; or (c) your breach of these Terms.
If your breach causes us loss, you're responsible for it.
Subject to clause 15.1, to the maximum extent permitted by law: (a) HealthMatch will not be liable for any Consequential Loss; and (b) HealthMatch's total liability under or in connection with these Terms is limited, at HealthMatch's election, to resupply of the relevant services or payment of the cost of having those services resupplied.
If any provision of these Terms is unenforceable in a jurisdiction, it is ineffective to that extent only. The remainder of the Terms continues in full force.
A failure by HealthMatch to exercise any right under these Terms is not a waiver of that right. Any waiver must be in writing.
These Terms (including our Privacy Notice) constitute the entire agreement between you and HealthMatch with respect to the HM Platform and supersede all prior agreements and understandings.
These Terms and our Privacy Notice are your whole contract with us.
United States. For US users, these Terms are governed by the laws of Delaware. All disputes must be brought in an individual capacity — no class or representative actions. If we cannot resolve a dispute informally within 60 days of written notice, it will be referred to binding arbitration under the AAA Rules, with a single arbitrator seated in Delaware. HealthMatch may seek equitable relief in any court of competent jurisdiction.
Australia. For Australian users, these Terms are governed by the laws of New South Wales. Disputes are subject to the non-exclusive jurisdiction of NSW courts.
Canada. For Canadian users, these Terms are governed by the laws of the province or territory where you reside. Disputes unresolved within 60 days will be referred to binding arbitration under the ADR Institute of Canada's Rules, with a single neutral arbitrator. Class actions are waived where permitted by local law.
Rest of world. For all other users, Delaware law applies as the default. Any mandatory rights you hold under the laws of your country of residence that cannot be overridden by contract are unaffected.
Your dispute resolution process depends on where you live. Where local law gives you rights that can't be taken away, those rights are unaffected.
Confidential Information means all confidential information of HealthMatch disclosed to or accessed by you in connection with these Terms, whether or not marked as confidential.
Consequential Loss means indirect, incidental, special, punitive or consequential damages, including loss of profits, revenue, data, goodwill or business opportunity, whether or not foreseeable.
Governmental Agency means any government, governmental or judicial authority, self-regulatory body or stock exchange.
HM Platform means the HealthMatch clinical trial matching platform at healthmatch.io.
HM Platform Content has the meaning given in clause 2.1(b).
Intellectual Property Rights means all intellectual and industrial property rights worldwide, including copyright, trade marks, patents, designs, trade secrets, domain names, moral rights and know-how, whether registered or unregistered.
Law means all applicable laws, regulations, rules, orders, codes of conduct and judicial decisions.
Loss means any claim, loss, liability, cost or expense, including reasonable legal costs.
Privacy Notice means the notice available at https://healthmatch.io/privacy.
Term has the meaning given in clause 5.1.
Research Partners means any clinical research site, contract research organisation (CRO), or trial sponsor involved in the conduct, management, or funding of clinical trials made available through the HM Platform.
User means a person registered with a HM Platform account.
User Data means a User's contact details, health information and other information provided to HealthMatch through the HM Platform.
The following rules apply: (a) headings are for convenience only; (b) references to persons include legal entities; (c) references to legislation include amendments and re-enactments; (d) references to writing include any visible form; (e) references to conduct include omissions; (f) references to agreements include deeds and arrangements; and (g) 'includes' and similar expressions are not words of limitation.
By using the HM Platform, you consent to receive communications from HealthMatch electronically — including by email, mobile push notification, and in-platform messages — and agree that such communications satisfy any requirement that notices be provided in writing.
You consent to use electronic signatures in connection with the HM Platform, which have the same legal effect as handwritten signatures.
By providing your phone number, you consent to HealthMatch contacting you at that number for transactional, operational or informational purposes, including by automated technology. You warrant that you are the account holder or authorised user of that number.
You may unsubscribe from non-essential communications at any time through your account settings or by contacting support@healthmatch.io. Any opt-out rights you hold under applicable law in your jurisdiction — including Canada's CASL, Brazil's LGPD, and the Australian Spam Act — are unaffected by these Terms.
By providing your phone number to HealthMatch, you consent to receive SMS and MMS messages from HealthMatch for transactional purposes, including updates about your account and trials you have applied for or expressed interest in.
To stop receiving SMS messages, reply STOP at any time. You will receive one confirmation message and no further SMS communications thereafter.
Message and data rates may apply. Message frequency varies. Your carrier is not liable for delayed or undelivered messages. For help, reply HELP or contact support@healthmatch.io. For privacy information, see our Privacy Notice at https://healthmatch.io/privacy.
You may not assign your rights or delegate your obligations under these Terms without HealthMatch's prior written consent. Any purported assignment in violation of this clause is void. The parties are independent contractors — nothing in these Terms creates an agency, partnership or joint venture. HealthMatch is not liable for failure or delay caused by events beyond its reasonable control, including acts of God, governmental action, fire or flood.